사기등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for three years.
1. The summary of the grounds for appeal (defendants) (the sentencing of the lower court (the first instance judgment) is too unreasonable. The sentencing of the lower court (two years and six months (the first instance judgment) and eight months (the second instance judgment) is deemed to be unfair.
2. Prior to the judgment on the grounds for appeal on unreasonable sentencing, this paper examines ex officio the grounds for appeal.
The first and second original judgments against the defendant were sentenced separately, and the defendant filed an appeal against each of the original judgments, and this court decided to hold a joint trial by combining each of the appeals cases. Since each of the offenses of the original judgment is concurrent crimes under the former part of Article 37 of the Criminal Act, it shall be sentenced to a single sentence under Article 38(1) of the Criminal Act. Thus, the original judgment cannot be maintained as it is.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the grounds for appeal on unfair sentencing, and the judgment below is reversed in its entirety, and it is again decided as follows through pleading.
【Reasons for the Judgment of the Supreme Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is the same as that of each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act (Fraud: Provided, That Article 30 of the Criminal Act is added to fraud in the case of fraud referred to in Article 2019 order306), Articles 347(1) and 32(1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;
1. Article 35 of the Criminal Act among repeated crimes;
1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation (with respect to the crime of aiding and abetting by fraud)
1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;
1. Scope of punishment by law: One month to thirty years;
2. Scope of recommended sentences according to the sentencing criteria;
(a) Class 1 crime (Fraud) [Determination of Punishment] Fraudulent Crime: General Fraud [Type 1] below KRW 100 million (Special Aggravation]. An aggravated element: An unspecified number or unspecified number.